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Medical Marijuana › Decriminalization of Marijuana › Corporate Counsel

Medical Marijuana refers to the use of marijuana to treat or alleviate symptoms of certain illnesses. A growing number of states permit individuals to use marijuana on the recommendation of a physician. Despite... more +
Medical Marijuana refers to the use of marijuana to treat or alleviate symptoms of certain illnesses. A growing number of states permit individuals to use marijuana on the recommendation of a physician. Despite state laws to the contrary, Federal law still prohibits the use or possession of marijuana. The conflict between state and federal law on this issue has created interesting enforcement issues and significant legal hurdles for medical marijuana providers.  less -
Vicente LLP

4 Major Implications of Cannabis Moving to Schedule III

Vicente LLP on

After 50 years of being on the most restrictive schedule alongside drugs like heroin and PCP, the DEA will move to reschedule marijuana in Schedule III, where the plant’s medical benefits will finally be recognized by the...more

Jackson Lewis P.C.

Ohio Passes Recreational Marijuana Law: What Employers Should Know

Jackson Lewis P.C. on

Joining 23 other states, Ohio has passed a recreational marijuana law. On November 7, 2023, Ohioans voted to pass an initiative legalizing and regulating the cultivation, sale, purchase, possession, use, and home growth of...more

Lerch, Early & Brewer

New Rule Will Limit DC Employers’ Ability to Crack Down on Employee Cannabis Use

Lerch, Early & Brewer on

DC employers will no longer be able to take adverse action against employees for certain cannabis use. The new rules are part of the Cannabis Employment Protections Amendment Act, which was passed by the DC Council then...more

Brownstein Hyatt Farber Schreck

Cannabis Legislation Wrap Up for 2021

Brownstein Hyatt Farber Schreck on

Over the past 12 months, dozens of cannabis and cannabis-related bills were introduced to Congress. Some measures were renewed, others were introduced for the first time; however, each legislation dealt with a niche aspect of...more

Epstein Becker & Green

Marijuana Legalization Rundown: Recent Judicial Decisions

Epstein Becker & Green on

As we wrote in our last Marijuana Legalization Rundown, state legislatures across the country have been busy enacting cannabis legalization laws this year.  Along with those laws has come a number of recent court decisions...more

Locke Lord LLP

Riding the Green Wave – Considerations for Employers in Dealing With Marijuana Legalization

Locke Lord LLP on

As a wave of marijuana legalization continues to sweep the country, employers (especially those with multi-state operations) must grapple with its impact on their operations and workforce....more

Rivkin Radler LLP

Recreational Cannabis Statutes’ Impact On NY And NJ Employers

Rivkin Radler LLP on

New York and New Jersey recently legalized recreational marijuana within less than 6 weeks of each other. While both acts prohibit employers from taking action against employees at least 21 years old who use marijuana...more

Fisher Phillips

What New York State Employers Need To Know About Cannabis Legalization

Fisher Phillips on

Recreational use of cannabis or marijuana is now legal in New York State. On March 31, Governor Cuomo signed into law the Marihuana Regulation and Taxation Act. The legalization of cannabis will have significant short and...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Marijuana Legalization Update: Early 2021 Legislative Developments

Ogletree, Deakins, Nash, Smoak & Stewart,... on

In November 2020, voters in five states (Arizona, Mississippi, Montana, New Jersey, and South Dakota) voted in favor of legalizing medical and/or recreational marijuana. Since then, there have been several developments within...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Marijuana Ballot Initiatives Approved in Five States: What This Budding Trend Means for Employers

Ogletree, Deakins, Nash, Smoak & Stewart,... on

On November 3, 2020, five states had initiatives on the ballot to legalize the recreational and/or medical use of marijuana, and all five initiatives easily passed. Arizona, Montana, and New Jersey voted in favor of...more

Seyfarth Shaw LLP

Pennsylvania’s Medical Marijuana Act at Issue in Recently Filed Complaint

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In 2016, Pennsylvania enacted its “Medical Marijuana Act” (MMA), which permits individuals suffering from certain conditions to use marijuana for medicinal use. Several provisions in the MMA impact employers. For instance,...more

Epstein Becker & Green

Puff, Puff, Passed: 2019 Marijuana Laws in Review and 2020 Projections

Epstein Becker & Green on

With 2019 nearly rolled up, it is time to exhale and recap the latest dose of marijuana laws affecting the workplace.  In the last twelve months, Illinois became the eleventh state to legalize recreational marijuana use by...more

McDermott Will & Emery

Courts Are Siding with Employees Who Use Medical Marijuana

McDermott Will & Emery on

Marijuana, a Schedule 1 drug under the federal Controlled Substances Act (CSA), is the most commonly detected illicit drug in employment drug testing. According to Quest Diagnostics, in 2018, approximately 3% of urine-based...more

Seyfarth Shaw LLP

Nevada Becomes the First State to Restrict Employer Use of Pre-Employment Cannabis Tests

Seyfarth Shaw LLP on

Seyfarth Synopsis: Following closely on the heels of a similar law in New York City, effective January 1, 2020, it will be unlawful for Nevada employers to reject a job applicant who tests positive for cannabis on a...more

Littler

Pre-Employment Marijuana Drug Testing Goes Up in Smoke in NYC

Littler on

On April 9, 2019, the New York City Council passed a first-of-its-kind bill that prohibits pre-employment drug testing for the presence of marijuana or tetrahydrocannabinols. ...more

Flaster Greenberg PC

What Employers Need To Know: New Jersey’s Appellate Division Issues Historic Ruling On Medical Marijuana Users’ Rights in the...

Flaster Greenberg PC on

Ever since the use of properly prescribed medical marijuana became legal in New Jersey, Courts have grappled with reconciling state and federal laws protecting employees from disability discrimination, and employers’ rights...more

Fisher Phillips

Proposed Texas Marijuana Laws Might Impact Workplaces In 2019

Fisher Phillips on

Texas has maintained its reputation as being a conservative state despite the results of the 2018 midterm elections. But, as the surprisingly close Texas Senate election suggests, things may be a-changin’—especially when it...more

Mintz - Employment Viewpoints

Employing Medical Marijuana Users – Does Federal Law Give Employers a Pass?

Mintz - Employment Viewpoints on

Until a few cases over the last year, courts appeared to be just fine maintaining the paradox that while individuals could lawfully treat their disabilities with licensed medical marijuana use, employers could choose to pass...more

Saul Ewing LLP

New Jersey Employers Not Required to Waive Drug Test for Medical Marijuana

Saul Ewing LLP on

A New Jersey federal judge recently held that an employer did not discriminate against an employee on the basis of a disability when it refused to waive a drug testing requirement as an accommodation for the employee’s...more

FordHarrison

The Latest Buzz: New Jersey Employer Must Reimburse Injured Employee for Cost of Medical Marijuana

FordHarrison on

Rejecting Freehold Township’s claim the entire case was barred by the federal Controlled Substances Act (CSA), a workers’ compensation judge ruled the municipality must reimburse its employee for the cost of medical marijuana...more

Jackson Lewis P.C.

Vermont Attorney General Publishes Guide to Marijuana in the Workplace

Jackson Lewis P.C. on

Vermont’s recreational marijuana law will take effect on July 1, 2018. On June 14, 2018, the Vermont Office of the Attorney General published the Guide to Vermont’s Laws on Marijuana in the Workplace....more

Seyfarth Shaw LLP

Budding Development: States Requiring Employers To Tolerate Medical Cannabis Use

Seyfarth Shaw LLP on

Seyfarth Synopsis: Can employers deny employment to people who use cannabis under a medical prescription authorized by state law? In more and more states, the answer is now “No.”...more

Seyfarth Shaw LLP

A Potential P[l]ot Twist For Medical Marijuana And The ADA

Seyfarth Shaw LLP on

Seyfarth Synopsis: A recently-filed lawsuit in the federal district court in Arizona alleges that an employee’s use of medical marijuana may be permissible under the federal Americans With Disabilities Act (ADA). Although the...more

Fisher Phillips

Web Exclusive: January 2018: The Top 18 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there were an unprecedented number of changes each month in 2017—and if January is any...more

Littler

Maine Employers Must Ignore Off-Work Marijuana Use, Cease Testing Applicants

Littler on

On February 1, 2018, Maine will become the first jurisdiction in the nation to protect workers from adverse employment action based on their use of marijuana and marijuana products, provided the use occurs away from the...more

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